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INDIA

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06.03.2007 - Source: US Department of State

PSA ("Country Report on Human Rights Practices 2006") [ID 19195]

"The PSA, which applies only in Jammu and Kashmir, permits state authorities to detain persons without charge and judicial review for up to two years. During this time, detainees do not have access to family members or legal counsel. According to the Office of Director General of Jammu and Kashmir Police, 473 persons in 2005 and 420 during the year were arrested under PSA. According to the ACHR, there were 140 foreign nationals in prisons in Jammu and Kashmir under the PSA.  "

Document(s): Open document

13.12.2006 - Source: Asian Centre for Human Rights

Cases under the Public Safety Act ("SAARC Human Rights Report 2006") [ID 18442]

"The Public Safety Act (PSA) of Jammu and Kashmir was invoked extensively. The Act empowers the district magistrates to send suspects to jail for up to two years without trial.[367] On 3 October 2005, the state government of Jammu & Kashmir admitted that 140 foreign nationals were serving prison terms under the PSA alone. However, the government failed to state as how many of these cases involved in militancy related activities. There had been cases of innocent people being detained under the PSA in the past.[368] Pursuant to the meeting between Prime Minister Manmohan Singh and the Hurriyat delegation held in Delhi on 5 September 2005, the Joint Screening Committee reviewed the cases of all detenues held under the Jammu and Kashmir Public Safety Act, 1978. On the recommendation of the Joint Screening Committee the state government ordered the release of 44 detenues, including seven women activists of Dukhtaran-e-Millat.[369] The Union Home Ministry advised the state government to examine the cases and make its recommendation at the earliest for consideration of a Joint Screening Committee.[370]"

Document(s): Open document

10.2004 - Source: UK Home Office

PSA ("Country Report - October 2004") [#28325][ID 6318]

"[...]6.234 According to the USSD 2003, ”The PSA, a law that applies only in Jammu and Kashmir, permits the detention of persons without charge and without judicial review for up to 2 years. In addition, detainees do not have access to family members or legal counsel. The Government estimated that approximately 514 persons remained in custody under PSA or related charges at year's end, and 412 were in police custody under other charges. In June, 92 prisoners detained under the PSA were released. In February, the Government released Syed Ali Shah Geelani, who had been detained under the PSA and the Officials Secrets Act, since June 2002. Geelani's two sons-in-law, also arrested in June 2002, were released during the year.” [2c](p12) [...]

[...]AI noted that detention outside of Jammu and Kashmir was in violation of the amendments to the Jammu and Kashmir Public Safety Act, 1978 (PSA) which provides that Kashmiris cannot be detained outside the state. [...]"

Document(s): Open document

18.06.2001 - Source: Amnesty International

Jammu and Kashmir: Arbitrary arrest and detention of those peacefully voicing dissent continuing: political activists detained and beaten last week following public protests over killing of 6 women ("Use of the Public Security Act in Jammu and Kashmir") [#2169][ID 6319]

Document(s): 0651ind.htm
Open document